Westmorland and Furness Council (25 013 711)
Category : Benefits and tax > Housing benefit and council tax benefit
Decision : Closed after initial enquiries
Decision date : 13 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council ending his housing benefit. This is because there is not enough evidence of fault. And it is reasonable to expect him to make a latte appeal.
The complaint
- Mr X says the Council ended his housing benefit without notice or consultation. He says the termination letter was four weeks late, so he had no opportunity to appeal the decision.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- it would be reasonable for the person to ask for a council review or appeal.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council ended his housing benefit without consulting him. The Council says Mr X was entitled to housing benefit because his property was considered supported living. It says the provider contacted the Council and said it was no longer providing support to Mr X.
- Mr X says he received the termination letter late which meant he could not appeal. The Council confirmed date of postage but explained they are not responsible for issues with mail delivery. The Council also advised Mr X that he can make a late appeal against its decision to end housing benefit. It explained he must give the reasons for the delay and any other mitigating circumstances as part of a late appeal.
- I will not investigate this complaint as there is not enough evidence of fault. The Council has acted in line with legislation. The provider said it would no longer support Mr X and that meant he was not entitled to housing benefit. He has also been advised that he can make a late appeal.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault. And it is reasonable to expect him to make a late appeal against the decision to withdraw housing benefit.
Investigator's decision on behalf of the Ombudsman